QBE Insurance Ltd v. Nominal Defendant (Qld)

[1999] QCA 454

COURT OF APPEAL

DAVIES JA
PINCUS JA
WILLIAMS J

Appeal No 8469 of 1999
Appeal No 8470 of 1999

QBE INSURANCE LIMITED Appellant (Second Defendant)

THE NOMINAL DEFENDANT (QUEENSLAND) Respondent (Third Party)

BRISBANE

DATE 29/10/99

ORDER

DAVIES JA: What we propose to do, subject to any objection from either party, is to grant leave in Appeal No 8469 of 1999 and to conduct the further hearing of this appeal by way of written submissions to be exchanged between the parties, the appellant to make the submissions within seven days and the respondent to make them within ten days.

Appeal No 8470 of 1999 is to be adjourned pending the decision in Appeal No 8469 of 1999. Costs are reserved.

CaseChat Overview and Summary

The case involved QBE Insurance Limited, an appellant, and The Nominal Defendant (Queensland), the respondent. The dispute arose in the context of a legal matter where QBE Insurance sought to appeal a decision made in their favour, and the Nominal Defendant contested this appeal. The case was heard in the Court of Appeal, which consisted of three judges: Davies JA, Pincus JA, and Williams J. The appeal numbers were 8469 of 1999 and 8470 of 1999.

The central legal issue before the Court of Appeal was whether QBE Insurance was entitled to an order for written submissions to be exchanged between the parties in the appeal process. The Court needed to determine if such an order was appropriate in the circumstances of this case, considering the legal and procedural implications. Additionally, the Court had to decide on the costs associated with the appeals.

Davies JA proposed that leave be granted for the appeal, allowing for the exchange of written submissions within specified time frames. The appellant was to submit their arguments within seven days, and the respondent within ten days. The Court also decided to adjourn Appeal No 8470 of 1999 until the decision in Appeal No 8469 of 1999 was made. The Court reserved the decision on costs, indicating that it would be addressed at a later stage.

In summary, the Court of Appeal granted the appellant's request for written submissions to be exchanged between the parties and adjourned the second appeal pending the outcome of the first. Costs were reserved for a later determination.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established